Legal Question in Intellectual Property in New Jersey

Trademark/Domain Name

We have been in business for 25 years using the name ABCDE, Inc. We have a commercial web site (for 8 years) with a domain name ABX dot COM that is an abbreviation of our full name. We would like to obtain a domain registration using our full registered name ABCDE dot COM but have found that someone else has registered our trademarked name and has parked it. They own the domain name but are not using it. What must we do to get our name back so we can register it?

Thanks


Asked on 5/08/09, 4:59 pm

2 Answers from Attorneys
Justin Lampel Lampel & Associates, P.C.

Re: Trademark/Domain Name

From your facts it is quite possible that the other party has rights to that domain name and you would have to buy it from them. You indicated that you have your busines name is trademarked. Im assuming that by this you mean you have a valid federal registration. If that is the case you may be able to stop the new party from using the domain name you want for the sale of similar products/services as you....but there are a lot of questions that an attorney would have to ask in order to properly advise you. I recommend you going to www.uspto.gov (the US Trademark Office website) and also look into a WIPO domain name complaint...assuming you want to do this without an attorney. Hope all is well, Justin

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Answered on 5/08/09, 5:08 pm
Ken Feldman Feldman Law Group

Re: Trademark/Domain Name

Unless they use it for the same goods as you to confuse customers, you have to buy it, or chose another domain. If they do confuse customers and have "parked" it to hurt you, then you have trademark infringment, cybersquating, etc.

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Answered on 5/08/09, 5:31 pm


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